Common use of Human Remains Clause in Contracts

Human Remains. A. Notification and Treatment 1. If human remains are inadvertently discovered during construction activities, all construction will cease within 100 feet in all directions of human remains and the Authority will immediately notify the appropriate parties in accordance with the project specific Treatment Plan. Human remains and grave goods will be treated in accordance with the Treatment Plan. 2. Federal agencies party to this Agreement will be responsible for curation of all records and other archaeological items resulting from identification and data recovery efforts on Federal lands within the agency’s jurisdiction. This includes ensuring that the disposition of any human remains and associated funerary objects of Native American origin encountered on federal land during any action subject to this Agreement complies with § 3(c)(d) of the Native American Xxxxxx Protection and Repatriation Act and its implementing regulations codified at 43 CFR Part 10. 3. Any human remains and funerary objects discovered on non-federal land during the implementation of the terms of this Agreement and during the implementation of the undertaking itself will be treated by the Authority, in accordance with the requirements of § 7050.5(b) of the California Health and Safety Code. If, pursuant to § 7050.5(c) of the California Health and Safety Code, the county coroner/medical examiner determines that the human remains are or may be of Native American origin, the discovery shall be treated in accordance with the provisions of §§ 5097.98 (a) - (d) of the California Public Resources Code. The Authority will ensure that to the extent permitted by applicable law and regulation, the views of the Most Likely Descendant(s) are taken into consideration when the Authority makes decisions about the disposition of Native American human remains and funerary objects, and will further ensure the respectful treatment of each such set of remains and funerary objects.